Nba, Players Strike Deal, But Much Still Unsettled Many Of The League’s Top Players Remain Intent On Decertifying Union

The hard part was supposed to be making a deal.

The NBA and its players association did that Wednesday night, reaching a new labor agreement.

However, another obstacle remains - quieting dissent from one-third of the league’s players, overriding the influence of high-powered agents and selling the deal to 27 player representatives.

Owners and players are to vote on the contract Friday, but the pact could be scuttled by the some of the game’s biggest names who are intent on stripping the union of its power.

The agreement came hours after Michael Jordan, Patrick Ewing and 15 other players filed a petition with the National Labor Relations Board to decertify the union. If the dissenting players accomplish their goal, the union would lose its authority to represent the players and the collective bargaining agreement could be nullified.

In announcing the agreement, NBA commissioner David Stern and Simon

Gourdine, the union’s executive director, were sharply critical of the agent spearheading the decertification effort.

They expressed confidence both sides would approve the deal, which replaces the collective bargaining agreement that expired after the 1993-94 season.

“A disgruntled lawyer, whose firm was terminated by the players association, filed the NLRB petition and Marc Fleisher, the self-proclaimed spokesman for the group, represents very few NBA players and seems interested only in ousting the union leadership that replaced his father,” Stern said.

“I do not think that the rhetoric of a few people will keep owners and players, who have cooperated in making past agreements work, from considering the current one on its own merits.”

Agents claim the six-year deal would be disastrous for players because it contains a rookie salary cap and luxury tax. The union leadership accuses the agents of giving players bad information and maintains the deal contains many favorable provisions - money from luxury boxes and international TV rights and free agency after three years.

“These agents have a fiduciary duty to their clients and have breached it,” Gourdine said. “We’ve been working to correct the record. We’re going to put on a strong lobbying effort and reach out to as many players as we can.”

Twenty-one of the 27 players representatives must approve the agreement at their meeting Friday in the Chicago area. Owners, who will meet the same day in New York, will need a majority vote.

The dissenting players have until Friday to present to the NLRB proof that 30 percent of the union wants the NLRB to conduct a decertification election. There are 324 union members, meaning 98 are necessary to reach the 30 percent level.

If the union is decertified, it’s unclear what system the NBA would operate under next season.

“This is an absolute groundswell of dissatisfaction of players who believe it’s no longer in their interest to have the union represent them,” said Jeffrey Kessler, the lawyer who filed the NLRB petition. “They’d prefer to assert their rights before the league without being encumbered by the union.”

Several agents said more than 100 players have signed notices saying they wish to decertify, and Kessler said the signatures will be filed Thursday or Friday.

If the necessary signatures are filed, the NLRB would hold a hearing within two weeks on whether a decertification election should be held. If the NLRB calls for the election, a majority vote is necessary to dissolve the union.

Disgruntled players and their agents accuse the union of withholding information about labor negotiations from players, then trying to push the deal through without sufficient time to study it.

The deal was outlined for player representatives during conference calls Wednesday, and the full agreement was being sent to every player by overnight mail, Gourdine said.

“Hopefully, the majority of the player reps are on board and will sit down and dissect the deal,” union president Buck Williams said. “We feel we’ve negotiated intensely and came back with a deal. Hopefully, we’ll be able to approve it.”